Freelance Connect
Terms of Use
This Agreement states the Terms and Conditions ("Terms of Use") that govern your access and use of the on-line service available at Freelance Connect (the "Site") to post and/or search for Freelance job opportunities and to create and manage your profile (the "Services"). The terms "You" and "Freelancer" as used herein means the person (or the entity on whose behalf you are acting) who is agreeing to these Terms of Use. The terms "Company", "We", or "US" as used herein means WebMediaBrands Inc, the owner and operator of the Site and Services.
Please read this page carefully as the Terms of Use are binding upon You. If you do not accept the Terms and Conditions stated here, do not use the Site or the Services. The Company may revise these Terms of Use at any time by updating this posting on the Site. You should visit this page periodically to review the Terms of Use which are binding on You. A violation of these Terms of Use may result in termination of your use of the Site and Services as well as other legal remedies.
These Terms of Use include the WebMediaBrands Inc Privacy Policy and Site User Agreement, each of which is incorporated in its entirety into these Terms of Use by reference, to which You are indicating Your agreement and acceptance to be bound by the provisions thereof, by way of Your use of the Site or Services.
You agree to pay all fees for your use of the Site and Services on a timely basis, where applicable, and no rights are granted under this Agreement until all payments are made in full.
The Process
In order to list a freelance job, you must first create an account and post the details of the freelance job. Once the freelance job is posted to the Site, Freelancers will be given the opportunity to bid on the freelance job. In order to bid on a freelance job, freelancers must also create an account ("Freelancer"). Once You and a Freelancer reach agreement on the terms of a freelance job (the "Freelance Agreement") You must manually accept the proposal. Upon acceptance of a proposal, You must fund an escrow account on the site with funds sufficient for the full payment of the freelance job. Upon completion of the freelance job, the Freelancer will request that You authorize release of the funds. If You are satisfied with the freelance job, then You should consent and the escrow amount for the freelance job less our fees, will be released to the Freelancers’ account. In the event that there is a disagreement regarding the Project, You and Freelancer authorize Us to resolve the dispute solely in compliance with the dispute resolution policies in Section 7.
Section 1. Acceptable Use of Site and Services.
(a) General. The Site and Services may be used only for lawful purposes by individuals seeking freelance jobs and persons or entities that are seeking candidates to complete such projects ("Project Posters"). Guidelines for use of the Site and Services are set forth below, and acceptable use(s) shall be determined by the Company at its sole discretion.
The Site provides You and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the Company’s views; and We do not have any obligation to monitor, edit, or review any Postings on the Site.
(b) Use by Freelancers. The Company hereby grants You the non-exclusive, non-transferable right to access and use the Site and Services solely for use in seeking freelance opportunities for Yourself. The Company may suspend or terminate at any time and for any reason, at its sole discretion, Your use of the Site or Services. You may (i) post to and save on the Site your qualifications, profile, saved freelance jobs, saved freelance job searches, and other applicable information (collectively "Profile"), provided you are solely responsible for its content and any claims that may arise therefrom; and (ii) access freelance job Postings and copy or download from the Site a single copy of any freelance job posting, as defined below, for Your personal use.
(c) Use by Project Posters. The Company hereby grants You the non-exclusive, non-transferable right to access and use the Site solely for your internal business use in seeking Freelancers for freelance job opportunities offered directly by You, or those of your business or company ("Project Postings"). The Company may suspend or terminate at any time, and for any reason, at its sole discretion, Your use of the Site or Services. You may (i) post your freelance job posting to the Site, provided you are solely responsible for its content and any claims that may arise therefrom; and (ii) access Profiles and copy or download from the Site a single copy of any Profile, as defined below, for your internal business use.
(d) Communication Between Project Posters and Freelancers. You agree to use the Site including its message boards, private chat rooms and any other methods of communication that Company makes available, for as Your sole means of communication with other Users.
Section 2. Eligibility.
Use of the Site is void where prohibited. You must be at least eighteen (18) years of age to access or use the Site and/or use the Services in any manner. Your access or use of the Site represents and warrants to the Company that (a) You are at least 18 years of age; (b) that You have the right, authority and capacity to agree to and abide by these Terms of Use; (c) all registration information You submit is truthful and accurate and you will maintain the accuracy of such information; and (d) Your use of the Services does not violate any applicable law or regulation. You also represent and warrant to the Company that You will use the Site and/or the Services solely in accordance with all applicable laws and regulations.
We reserve the right, in our sole discretion, to reject, refuse to post, or remove, any freelance posting (including private messages) by You, or to deny, restrict, suspend or terminate your access to all or any part of the Services, or your account, without warning if we determine, in our sole discretion, that you have violated these Terms of Use.
Section 3. Fees and Billing
Billing for Freelancer Services
As a Freelancer, once you have completed an assignment you may request payment by following the instructions on the Site.
By requesting payment You represent that you have fulfilled the terms of the Freelance Agreement and upon the freelance job poster’s confirmation, we will release the freelance job fee from escrow to You. If the freelance job Poster's credit card company, bank, PayPal or other payment provider successfully charges back any amount to Us for any reason, you hereby agree to immediately repay Us for such amounts, plus any reasonable attorney fees and costs of collection.
Payment for Freelancer Services
As a freelance job poster, you must follow the instructions on the Site in order to pay a Freelancer. You must have an account on the Site and have access to a method of payment acceptable to Us. Unless you have a prior balance in your account, we will ask to charge your credit card, bank account, or PayPal or other acceptable payment provider to fund the necessary amount for the freelance project. By providing us with your payment information you authorize us to charge your credit card or bank account for the amounts stated on the applicable Payment System web page.
By authorizing payment to a Freelancer, You represent and warrant that the Freelancer has fully and satisfactorily completed the terms of the Freelancer Agreement. The authorization is an irrevocable instruction to Us to pay the Freelancer. Once We have released the funds to the Freelancer, We may not be entitled to demand return of the funds. You therefore agree, NOT to ask your credit card company, bank or other payment provider to charge back any amount to Us for any reason. In the event you do, you hereby agree to repay Us for such amounts, plus reasonable attorney fees and costs of collection.
Section 4. Legal Relationships.
Legal Relationships
You assume all responsibility and risk for your use of the Site and the Services, and Your conduct on the Site including posting or accessing Profiles and/or Project Postings and communicating with others. The Company is not involved in negotiations with, or any contracting between, Project Posters and Freelancers, or in the Freelancers’ delivery of services to Project Posters. Company has no control over, and does not verify or guarantee, the qualifications, background, or abilities of Freelances or Project Posters nor the truthfulness, accuracy, or reliability of any Profiles, Project Postings, or communications posted by Freelancers, prospective Project Posters or any other Users. The Company does not endorse any opinions or information expressed by Freelancers or Project Posters nor the safety or legality of Services advertised. You acknowledge that any reliance on material posted on the site will be solely at your own risk. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any Profile or Job Posting placed by You on the Site.
The Company is not responsible for screening or monitoring communications, Profiles, and Project Postings in advance however Company shall have an unrestricted right to monitor all communications through the Site including, but not limited to content posted on private message boards and chat rooms. If notified of material which violates the Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove the material. The Company has no liability or responsibility for the performance or nonperformance of such monitoring activities. The Company reserves the right to block users, terminate accounts, and prevent further access to the Site for violating these Terms of Use or the law. The Company has the right, in its sole discretion, to remove material which is abusive, illegal, disruptive, immoral, obscene, or defamatory or otherwise objectionable in Company’s sole discretion.
Relationship Between Project Posters and Freelancers
Each Freelancer and Project Poster acknowledges and agrees that they are each independent contractors. The Services performed by the Freelancer, its employees, agents or sub-contractors shall be as an independent contractor and nothing in the Terms of Use shall be deemed to create a partnership, joint venture, agency, employer-employee relationship or otherwise. The Project Poster and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Freelance Agreement. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on Your performance of the foregoing. Accordingly, You agree that Company has the right to take such actions with respect to the Freelance Agreement, including without limitation suspension, termination, or legal actions, as Company in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
Taxes, Reporting and Legal Responsibilities
Each Freelancer and Project Poster is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Section 5. Registration, Password and User Information.
The Company may use and disclose the information it obtains from You pursuant to the Company's Privacy Policy.
Your Site login and password may only be used by You to gain access to the Site and must not be shared with others. You are solely responsible for maintaining your Site login and password as confidential. Upon becoming aware of any unauthorized use of your login and password, You shall immediately notify the Company.
Section 6. Payment Terms
Payments
Authorized Payments are Final
You agree to pay for any amounts which you authorize us to charge against your Account and, as appropriate, any other forms of payment. Such payments, once authorized, are FINAL.
Project Posters hereby consent to solely use the Site to make all payments to Freelancers, for any and all freelance jobs, for a period of one year whether first time, repeat, or follow on. Project Poster acknowledges and agrees that it is not entitled to dispute resolution procedures if payment is not made through the Site.
Freelancers agree to solely use the Site to receive all payments from a Project Poster for any and all freelance jobs for a period of one year, whether first-time, repeat, or follow-on. In addition, Freelancers acknowledge and agree that a Project Poster is not obligated to pay for any freelance job unless it originated through the Site. Freelancer acknowledges and agrees that it is not entitled to dispute resolution procedures if payment is not made through the Site.
Non-Avoidance of Service Fee
- You agree not to attempt to circumvent the Service Fee. Prohibited practices include (but are not limited to) the following: suggesting or soliciting Project Posters to hire or pay, or Freelancers to work or receive payment, outside the Freelance Connect system; submitting proposals for a Job posted on the Site outside of the Site; and reporting on the Site a Job amount different than that agreed between Project Poster and Freelancer.
If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of our fees, please submit a confidential report to Us by sending us an email.
Interest
You acknowledge and agree that We may earn and retain interest or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any escrow or any balances in your Account or that the Site otherwise handles as your agent.
Authorized Payments are Final
You agree to pay for all service fees for the Service, Freelance Agreement escrow fees, and any other fees or amounts for which you authorize us to charge your Account and, as appropriate, any other forms of payment. Such payments, once authorized, are FINAL.
Charge-backs
We reserve the right to seek reimbursement from You, and You will reimburse Us if We discover erroneous or duplicate transactions, or if We receive a charge-back from any credit card company, bank, or any other payment provider for any reason. We may obtain such reimbursement by charging Your Account, deducting amounts from future payments owed to You or received from you, charging Your credit card or payment provider, or obtaining reimbursement from You by any other lawful means. Failure to pay for reimbursements of charge-backs is cause for termination of your Account or other action we deem appropriate.
Currency
We are not responsible for currency fluctuations that occur when billing or crediting accounts or for services denominated in a currency other than US Dollars, nor are We responsible for currency fluctuations that occur when receiving or sending payment on holding escrow funds. You shall solely bear such risk.
Withdrawal of Funds
To withdraw funds from your Account, you must request such funds using any of the withdrawal methods available on the Site. Notwithstanding any other provision of the Terms of Use, if We determine in our sole discretion that You have violated the conditions and restrictions of the Site or Terms of Use, We may refuse to process the withdrawal.
Hold on Account Funds
We reserve the right, at our sole discretion, to place a hold on funds for any reason including, without limitation, (i) a dispute; (ii) if We suspect payments may be subject to charge back, (iii) fraud or (iv) violation of the Terms of Use.
Agreement to Pay
If, for any reason, We do not receive payment for any amounts that You have authorized to be paid, You agree to pay such amount immediately upon our demand. You also agree to pay any interest charges, attorney's fees and other costs of collection that we may incur in collecting from You. In such case, the Company may, at its option, stop processing any further payments made by You and apply any amounts then held by Company on your behalf toward any deficiencies, losses or costs that we have incurred as a result of Your use of any Service or the Site. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Section 7. Disputes Between Project Posters and Freelancers
You agree that any disputes in connection with Services provided by Freelancers or payments made by Project Posters remain between such Project Posters and Freelancers. You further acknowledge that the Company is not a party to any such dispute. In the event of a dispute You should contact Our Dispute Resolution Administrator at dispute_res(at)freelanceconnect.com. The administrator will notify the other party to the dispute and provide both parties with terms for the dispute resolution process. You authorize the Company, to finally resolve the dispute in its sole discretion and You and Freelancer agree to be bound by the decision of the Dispute Resolution Administrator. You shall not dispute nor appeal, Our decision which You and Freelancer agree shall be final and binding. You may seek enforcement of Our decision in a court of competent jurisdiction at your sole cost and expense. All actions in violation of the foregoing shall be void.
You agree and acknowledge that (i) Company is not providing legal services and Company will not advise you regarding any legal matters. If you desire to have legal counsel, you must seek competent legal counsel at your sole cost and expense. You agree to indemnify and hold harmless Company and any of our affiliates against any damages or liability you may suffer as a result of using the dispute resolution process.
Section 8. Miscellaneous
If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be exclusively governed by the laws of the State of Connecticut, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state or federal courts of the United States located solely in the State of Connecticut. You and Freelancer agree that we shall not be responsible for any special, incidental or consequential damages including, without limitation, loss of revenue, profits or goodwill. You and Freelancer agree to indemnify Us for any, and all, costs, expenses and liabilities related to Your use of the Site or Service, or breach of these Terms of Use. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. You may not assign and of Your rights or obligations under these Terms of Use and any such purported assignment in violation of the foregoing shall be void. This is the entire agreement between the parties with respect to the Site or Service.
Other Important terms are contained in WebMediaBrands Inc Privacy Policy and Site User Agreement all of which are incorporated herein by reference.
April 2009
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